Perez

Plaintiff Brian Perez appeals from a judgment on his complaint against defendants Uline, Inc., Patrick Shea, Mike Donaghy, and Salvador Alcaraz for wrongful termination, breach of oral contract, failure to pay overtime wages in violation of the statute, and defamation, claiming the court erred in enforcing a severance agreement that was against public policy contained in, among other things, the Uniformed Services Employment and Reemployment Rights Act of 1994 ( 38 U.S.C. § 4301 et seq.; USERRA), and obtained under duress. We determine that because USERRA directs that its provisions may not be eliminated by a contract, the release of rights in the severance agreement may not be enforced to the extent it deals with the claims of tennination based on plaintiff’s membership in the military or his military service. As to plaintiff’s other claims for defamation and overtime payments, there is no basis to invalidate the release and we affirm.

FACTS AND PROCEDURAL HISTORY

Defendant employed plaintiff, a captain in the United States Marine Corps Reserves. In March 2003, on the day he returned to work after duty with the Reserves, plaintiff was told defendant no longer needed…